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Christine Calleja

Christine Calleja is a senior associate of the firm working in the employment law department. She has assisted various local and international companies in human resources matters, such as contract drafting, unfair dismissal claims, transfers of business and collective redundancies, as well as represented clients before the Maltese Industrial Tribunal and courts. Christine has also participated in educational seminars organised for the human resources industry as lecturer in this field. Furthermore, forming part of the litigation team, Christine specialises in insurance claims, representing a major insurance company in Malta and also individual claimaints in insurance related matters.

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Employment and Industrial Relations

Harsher Penalties Introduced for Harassment and Victimisation at Work

The Gender-Based Violence and Domestic Violence Act of 2018, which repealed the Domestic Violence Act, introduced changes to the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). By means of the amendments, harsher penalties were introduced in the case of harassment and victimisation in the employment context.The fine (multa) in case a person is found guilty of the offence of harassment or victimisation was increased from a maximum of €2,329.37 to a fine of not less than €5,000 and not more than €10,000 and the imprisonment term (to which the person found guilty could be liable…
Christine Calleja
6th June 2018
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Employment and Industrial Relations

Employer files counter-claim against ex-employee seeking damages

In the case of Brian Schembri v National Orchestra Limited, which is currently pending before the First Hall of the Civil Court, the ex-employee sued the employer for payment of three years' salary according to contract, in view of the fact that the employer had terminated the employment contract. In a rather interesting twist, the employer not only defended its position by arguing that it had terminated the contract for sufficient reasons, considering also that the employee himself had abandoned his employment, but it filed a counter-claim against the employee claiming damages suffered as a result of the ex-employee's actions.…
Christine Calleja
11th April 2018
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Employment and Industrial Relations

Employer files counter-claim against ex-employee seeking damages

In the case of Brian Schembri v National Orchestra Limited, which is currently pending before the First Hall of the Civil Court, the ex-employee sued the employer for payment of three years' salary according to contract, in view of the fact that the employer had terminated the employment contract. In a rather interesting twist, the employer not only defended its position by arguing that it had terminated the contract for sufficient reasons, considering also that the employee himself had abandoned his employment, but it filed a counter-claim against the employee claiming damages suffered as a result of the ex-employee's actions.…
Christine Calleja
11th April 2018
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Employment and Industrial Relations

Does ‘on-call’ time qualify as ‘working time?

In a recent judgment, Ville de Nivelles v Rudy Matzak, decided on the 21st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home.Rudy Matzak was a volunteer firefighter serving at Nivelles' fire station. One of the conditions of service was that during periods of stand-by, fire-fighters had to remain at all times…
Christine Calleja
27th February 2018
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Employment and Industrial Relations

Discrimination and Harassment at the Workplace

Dr. Christine Calleja shall be delivering a three-hour presentation, organised by Society Education, on the topic of discrimination and harassment at work. The seminar will give a general overview of Maltese anti-discrimination laws in the field of employment law which are currently in place. The topics of sexual harassment and equal pay will also be examined, together with various case-law related to this topic. The seminar is to be held on Thursday the 22nd February 2018.  Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not…
Christine Calleja
17th February 2018
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Employment and Industrial Relations

The importance (or otherwise) of disciplinary proceedings in dismissal cases

In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases.The employee had been dismissed following an accusation of theft. The disciplinary procedures in the employment contract had been ignored. On the basis of this, the Industrial Tribunal had concluded that the dismissal was in violation of the right to a fair hearing and of the employment conditions. The Tribunal ordered the employer to reinstate the employee in his previous post without loss of pay for the correct…
Christine Calleja
1st February 2018